New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-12-11
HARPER'S CASE SUBMITTED.
JUDGE JACKsoN's CHARGE TO THE JURY
THE ADMISSIONS OF The PRISONER HIMSELF RE-

TIE ADMISSIONS OF HE PRISONER HIMSELF RE-
VIEWED As PROOF OF CRIME COMMITTED
CINCINNATI, Dec. 1O.The dramatic scenes in the Har
per trial this morning kept the crowded courtroom In
hush OF silence Harper appeared accsmpan ed by his
wife and her sister and his little boy. j. f. Larkin bank
ef, was called TO show that Wiltshire buying wheat
Tor Others than Harper but all he could that his
pank had handled some paper OF Timberlake with In
dorsements by Wiltshire. and tho Court ruled 1t all out as
Incompetent Undertake himself called. He said
"shire had never bought for him he for Wiltshire
Wiltshire had simply Endorsed some OF his paper
MI Blackburn said his purpose was to show
that Wshres testimony that he had bought for Harper
only was not true The Court reminded counsel that
Wiltshire had testified that he bought 100000 bushels
on his and they could show he had bought
more than this IT might DO done. Edgar Stark, bank
cashier. called to tell OF the Tmberske transaction
but his testimony was ruled out, and Mr. blackburn
said:
with that ruling OF the Court. have no further
testimony"
Harper and his counsel withdrew for consultation. In
ten minutes Mrs. Harper called out. The consulta
ton was upon the question OF submitting the case with
out argument When they returned. Mrs Harper was
carrying her babe. She sat down beside her
husband with the child on her knee. There was whs
pered conversation at the table fer minute two in
which, above the low hum OF the crowd, could be heard
the boys voice. as 1t reached To the table after papers
and cooed It's delight 1t the only plea that was
offered fer Its father
The Government called Messrs Ulnch and Hayes, hut
the questions asked them had been asked before and
they ruled out. Mr. Burnett then said tho Govern
ment would rest.
Judge Jackson-Wi you argue the case
Judge Wson-wc will submit the case without argu-
meut II tho Government will.
Mr. Burnet-We will.
judge Jackson's charge occupied hour and fifty
minutes in delivery lie began by referring to the form
OF the Indictment and then the usual definitions Of
the points OF law 10 be considered by the jury
In criminal Indictment. lie called their attention 10
the difference between criminal acts by officers OF a
banking association amt others by which losses might
accrue but be cruisal. and remarked that in every
count IIarqer charged with criminal act. lie
defined the term abstract. as used In the statute
n. meaning 10 take without tho knowledge Of
the officers OF the association and use for the benefit OF
others aud with intent to dcfraud An intent to dc!raud
applied every act which illegal and tends to injury
After dsinag what was meant by proof beyond reason
able doubt. lie said tho responsibility OF bank oicers
ne cr losses honest legal loans In good faith for
the benefit OF the association but for illegal acts for ben
ett OF stners than the bank
lie then passed review Of the facts proven, saying
the could those things proven which mad
been presented in evidence by both sides. lie then
enumerated after another the various acts regarded
proven by arper's confession. such as credit
to the Riverside Iron ami steel works upon no consider
n wrongful at when he took TIE chcgh
| Of tAs iLvsrsiio Works In that way. 20
o. the SJDl.O1D certificate, % deposit IN
First National Bank OF Sew York represen al ny his
check ms a criminal act admitted By the de-
| icud4us.
Com. on In the order OF ne the Court cited act after
all admttel br Harper. which, un Ter the ruling or
the Court, constituted criminal acts Among others was
$1,000 10 Iloyt for Hopkins IN which Harper sAd ne
he sharcr with Hopkius. by sending colaicras
To tho Cncmical National Bank June 10 the defendant
committed an unlawful. crimsal act Ilsrper's hsrcic
efforts bank do excuse him any more than
/ A Al would excused Tor scutlus snip by AFTER
ward making an effort to save 10.
Eeierru. 10 Ilarpers defence that he was trying 10
save the bank the Judge severely arragncd hs method
savins i reasonable for o-iuk ~ iOOOOO.
III tr ii. g. save t-G.OOO summing up hr SAID: Inc
the Jury that must nd Oh H. own les
tmOny that the dsiend-nt has cORi United crime.
The jury instructed how 10 make the form OF
their ami they taken IN their room " begn
ssir consultation. The verdict will DO received on
Monday.